Research On Administrative Mediation System

Our country has a long tradition of mediation, mediation in China's traditional legal culture occupies important position, is an important way of resolving social contradictions. The traditional mediation system, especially the institutional setup and mediation concept, the current administrative mediation system still has a guiding value. China's current mediation system including judicial mediation, people's mediation and administrative mediation 3 kinds. Administrative mediation is hosted by administrative subject in national laws and policies, such as the basis, to voluntarily for principle, through friendly negotiations, the parties reached an agreement the system to eliminate disputes. Administrative mediation characteristics, principles and people's mediation, judicial mediation have obvious difference. Administrative mediation system also has a profound cultural foundation based and jurisprudence.Through the analysis of the present situation of Chinese administrative mediation system and its application in practice, the author found administrative mediation system existing problems. These problems include both system level, basic level, also have operational level. And how to understand the nature of the administrative mediation, academia has different understanding. In view of administrative mediation system constructing harmonious society, to enhance citizens' rights consciousness etc of significance. Therefore, perfect our country's current administrative mediation system seems particularly urgent, imperative.In China and abroad in Hong Kong have very good exercise administrative mediation system's experience and practice, is worth our using for reference. How to draw lessons from the successful experience abroad to better improve our administrative mediation system. Through the analysis of France, Japan, the United States and China's Hong Kong administrative mediation system, the author found their administrative mediation system has the following characteristics:the political system fully guarantee, mediation neutrality and independence, special administrative mediation organization and administrative mediation of the relative laws and regulations consummation.The improvement of the system of administrative mediation, should not be the perfection of the single aspect of before, should build a system, comprehensive administrative mediation system. Based on this, our administrative mediation system consummation, from the following aspects:can the administrative mediation system administrative mediation infrastructure construction, expansion and scope of the program design, administrative mediation administrative mediation system construction, the improvement of the legislation of administrative mediation in five aspects. Only the construction of system, administrative mediation system can better reflect the construction of socialist harmonious society in the value, better play the construction of socialist harmonious society in the function.